« PreviousContinue »
FOOD AND DRUGS ACT
JUNE 30, 1906
TEXT OF THE ACT, ANNOTATED, THE RULES AND
OF THE PATENT LAW ASSOCIATION OF WASHINGTON; MEMBER OF THE BAR
WASHINGTON, D. C.
The sentiment back of the Food and Drugs Act is well understood. Every one will agree that, so far as it can be done by legislation, the laws should protect the public from being deceived in the foods which nourish them or in the medicines which are relied on to cure their ills. But to formulate a law which will effectively protect the public without depriving it of freedom to eat what it may choose to eat and to take such remedies as it may wish to take, and without serious disturbance of business conditions, and especially to formulate a Federal law which will do this without transcending the powers conferred on the Congress by the Constitution, is a matter of great difficulty. It is not surprising that the Food and Drugs Act is in some respects difficult to understand. Some of the questions as to its meaning have been answered by expressions of opinion from the Department of Agriculture. Other questions have not been answered and cannot be answered definitely until the meaning of the Act has been deterniined by the courts. In the matter here contained I have presented such information bearing upon the Act as can be gathered from the decisions given out by the Department of Agriculture, the published expressions of opinion of officials charged with the enforcement of the Act, and the views expressed by those who have studied the Act with especial care in the interest of the manufacturers of and dealers in particular lines of food and drug products.
Whatever sentiments may be entertained as to what ought to be the law and what ought to be done by law with reference to the question of pure foods and pure drugs, the question as to which my clients have wanted inforination is the